Is an ASP Baton legal in Colorado?

Posted on June 30, 2021

The law is unclear. If ASP batons fall under Colorado’s definition of blackjacks, then they are illegal in the state. But if ASP batons are not considered blackjacks, then people should be able to possess and openly carry them.

What is an ASP baton?

ASP is short for Armament Systems & Procedures. It is a company that manufactures batons, among other weapons. ASP batons – also called telescopic batons – have three steel shafts that slide into each other. When the baton is collapsed, it takes up just a few inches of length. But when it is fully extended, it triples in size and can be used to hit an assailant. Brandishing ASP batons on another person can cause severe blunt-force injuries.

Most people refer to any telescopic baton as an ASP baton even when ASP did not manufacture it.

Are ASP batons considered blackjacks in Colorado?

Arguably yes, but there is no case law on the subject. Blackjacks are defined as:

[A]ny billy, sand club, sandbag, or other hand-operated striking weapon consisting, at the striking end, of an encased piece of lead or other heavy substance and, at the handle end, a strap or springy shaft which increases the force of impact.¹

Like a blackjack, ASP batons are used to strike. But since ASP batons are light and collapsible, arguably they fall outside the definition of blackjack.

If ASP batons are illegal, what is the penalty for having them?

It is a class 1 misdemeanor in Colorado to possess an illegal weapon. Under CRS 18-12-102, the punishment is:

• 6 months to 18 months in jail, and/or
• $500 to $5,000 in fines²

Note that if ASP batons are not considered illegal weapons, then this charge is inapplicable.

Also note that if ASP weapons are legal, Colorado law is unclear whether CCW permits would be necessary to carry them concealed. People should check with their local sheriff’s office about CCW permit requirements.

Can I use an ASP baton in self-defense?

If ASP batons are legal, people may use them in self-defense if they reasonably believe that they are about to suffer imminent and unlawful force, and they retaliate only to the degree necessary to deflect the attack.

Note that Colorado is a stand your ground state. So people are not required to retreat from a fight – even if there are means of escape. Instead they can fight back with reasonable force.³

Can convicted felons possess ASP batons in Colorado?

If ASP batons are not considered blackjacks, then arguably convicted felons may possess them. If ASP batons are illegal weapons in Colorado, then nobody – including convicted felons – may possess them.

In most cases, first-time possession of a weapon by a convicted felon is a class 6 felony. Penalties include:

• 1 to 1 ½ years in Nevada State Prison (with 1-year mandatory parole), and/or
• A fine of $1,000 to $100,000.

However, this crime is charged as a class 5 felony if the previous conviction was for burglary, arson, or any felony involving force or a deadly weapon, and it occurred within 10 years of the later of:

• the date of conviction (if the defendant was not incarcerated), or
• the date on which the defendant was released from the court’s supervision⁴

Learn more about Colorado crime of possession of a weapon by a previous offender (CRS 18-12-108).

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About the Author

Michael Becker

Michael Becker has over a quarter-century's worth of experience as an attorney and more than 100 trials under his belt. He is a sought-after legal commentator and is licensed to practice law in Colorado, Nevada, California, and Florida.